Kelsey v. Collins

NEILL, Associate Justice.

— On June 2. 1896, Garcia Villareal ■ executed his promissory note to John P. Kelsey for $2916, payable on June 2, 1901, with interest from date at the rate of eight percent per annum, payable annually on June 2 of each year, it stipulating that, in default of payment of interest, the principal should become due and that, if it should be collected by suit, the maker should " pay ten percent on the amount so collected as an attorney’s fee. At the time the note was made Villareal executed to Kelsey a mortgage deed of trust on 6079 acres of land situated in- Starr…